CD: Sibal v. Valdez

October 1, 2010 at 6:13 pm (1927, Case Digests) (, , , )

SIBAL v. VALDEZ
G.R. No. L-26278 August 4, 1927
Johnson, J.

Doctrine:
A crop raised on leased premises belongs to the lessee and in no sense forms part of the immovable.

“Ungathered products” have the nature of personal property. In other words, the phrase “personal property” should be understood to include “ungathered products.” Crops, whether growing or standing in the field ready to be harvested, are, when produced by annual cultivation, no part of the realty.

A valid sale may be made of a thing, which though not yet actually in existence, is reasonably certain to come into existence. A man may sell property of which he is potentially and not actually possessed.

Facts:
Plaintiff alleged that the defendant Vitaliano Mamawal, deputy sheriff of the Province of Tarlac, by virtue of a writ of execution issued by the Court of First Instance of Pampanga, attached and sold to the defendant Emiliano J. Valdez the sugar cane planted by the plaintiff and his tenants on seven parcels of land. Plaintiff offered to redeem said sugar cane and tendered to the defendant Valdez the amount sufficient to cover the price paid by the latter, the interest thereon and any assessments or taxes which he may have paid thereon after the purchase, and the interest corresponding thereto. However, Valdez refused to accept the money and to return the sugar cane to the plaintiff.

Meanwhile, defendant argued that the sugar cane was personal property hence not subject to redemption.

Issue:
1. Whether or not the sugar cane is to be classified as personal property
2. Whether or not future crops to be harvested can be considered a valid object of sale

Held:
1. No. A crop raised on leased premises in no sense forms part of the immovable. It belongs to the lessee, and may be sold by him, whether it be gathered or not, and it may be sold by his judgment creditors.

Ungathered products” have the nature of personal property. In other words, the phrase “personal property” should be understood to include “ungathered products.” Crops, whether growing or standing in the field ready to be harvested, are, when produced by annual cultivation, no part of the realty.

2. Yes. A valid sale may be made of a thing, which though not yet actually in existence, is reasonably certain to come into existence as the natural increment or usual incident of something already in existence, and then belonging to the vendor, and then title will vest in the buyer the moment the thing comes into existence (Emerson vs. European Railway Co., 67 Me., 387; Cutting vs. Packers Exchange, 21 Am. St. Rep., 63.).

A man may sell property of which he is potentially and not actually possessed.

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